TAXATION - INSURANCE COMPANIES - CONSIDERATIONS FOR ANNUITY CONTRACTS AS "PREMIUMS'' RECEIVED FOR INSURANCE CONTRACTS

Authors

Michigan Law Review, University of Michigan Law School

Abstract

The defendant commissioner of insurance refused to issue to plaintiff insurance company a certificate of authority to do business in Kansas unless plaintiff paid back taxes claimed to be due on considerations received for "annuity contracts" by the plaintiff, in Kansas, between 1927 and 1938 inclusive. The tax in question was "upon all premiums" received during the year, but the plaintiff contended the word "premiums" did not include considerations received for "annuity contracts." Plaintiff brought mandamus to compel defendant commissioner to issue a certificate of authority to do business. Held, three judges dissenting, that the word "premiums" included considerations received for "annuity contracts" and the certificate had been properly withheld. Equitable Life Assurance Society of United States v. Hobbs, 154 Kan. 1, 114 P. (2d) 871 (1941).

Recommended Citation

Michigan Law Review, TAXATION - INSURANCE COMPANIES - CONSIDERATIONS FOR ANNUITY CONTRACTS AS "PREMIUMS'' RECEIVED FOR INSURANCE CONTRACTS, 40 Mich. L. Rev. 484 (1942).
Available at: https://repository.law.umich.edu/mlr/vol40/iss3/22